New QOCS Rules Come into Force this Week

Articles, News

04/04/2023

Shortly before Christmas, I wrote an article drawing attention to imminent significant changes to the QOCS regime. It generated a surprising amount of interest (for an article on costs) and several people were kind enough to contact me to say they had found it helpful.

At the time of my article the changes had been discussed and approved by the Civil Procedure Rules Committee (CPRC) but not officially announced. They were duly implemented in February by the Civil Procedure (Amendment) Rules 2023. Rule 24 thereof makes changes in line with what had been approved by the CPRC. I refer to my earlier article for the details of those changes.

Rule 1(3) states that the amendments made by rule 24 apply only to claims where proceedings are issued on of after 6 April 2023. The changes are therefore not retrospective and cases which have already been settled or issued fall to be treated under the old regime.

The period between the changes being officially announced and them coming into force is short (about two months). The old regime was significantly more generous to claimants, and no doubt many litigators and their clients will have had to make a fairly rapid reappraisal of whether there are in a position to issue proceedings before the 6 April. There is certainly a general expectation that there will be a rush to get claims issued before the deadline. In the fullness of time there may well be arguments as to whether claims have been issued prematurely, especially in cases where the pre-action protocol(s) have not yet been completed. I suspect in many cases the view will have been taken that it is better to issue forthwith, notwithstanding any concerns about protocols, and to take such consequences as eventuate as the price of guaranteeing that the claim will be dealt with under the old regime. I also suspect that the new rules will generate further litigation as to exactly how they will operate in practice. My original article identified some potential problems, and I hope to write a follow-up which looks at these in more detail. For now the message for potential claimants is: time is nearly up to have your claim governed by the old regime.

Note

The views expressed in this article are not intended to be and should not be taken as legal advice. They are the views of the author alone and not of Deka Chambers.

Featured Counsel

Roderick Abbott

Call 2006

Latest News & Events

The Dekagram: 15th July 2024

This week we examine the perils inherent in issuing proceedings at the last minute, especially when dealing with the e-filing system implemented in order to make all of our lives easier. As always, the team’s advice is: don’t do it, it’ll end in tears. And…

Catherine Atkinson and Jake Richards successful in General Election

Congratulations to both Catherine Atkinson and Jake Richards who were elected as Members of Parliament in last week’s General Election. Catherine was elected in Derby North and Jake was elected in Rother Valley. We wish them both well in their new positions.

Deka Chambers shortlisted in Legal 500 Bar Awards 2024

Huge congratulations to our teams and individuals who have been shortlisted in the Legal 500 Bar Awards 2024: Thanks, as always, to our clients who provided feedback during the research process, and to the Legal 500 research teams. The Awards ceremony takes place on 25th…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)